Disposed

Vinay Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home and others

Allahabad HC6 Aug 2024A482/6952/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a Section 482 CrPC/528 BNSS application seeking quashing of POCSO and IPC proceedings. The court directed that the applicant move a discharge application in the trial court, which must be decided expeditiously by a reasoned order.

What did the court decide?

Application disposed with liberty to prefer a discharge application before the trial court to be decided expeditiously by a reasoned order.

Vinay Kumar Mishra Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53684

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6952 of 2024

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Applicant :- Vinay Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant, who is on bail, for the following main reliefs:-

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"For the facts, reasons and circumstances stated in the accompanying Petition, which is duly supported by an affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quash the entire proceeding of S.S.T. No. 173/2023, 'State Versus Vinay Kumar Mishra', charge sheet no. 313/2023, arising out of case crime no. 244/2023, under section- 363,366,376 of I.P.C., and 3/4 POCSO Act, P.S. Maholi, District Sitapur pending before Special Judge (POCSO Act)/ Additional Session Judge Court No. 14 District Sitapur, contained in Annexure No. 1 in the interest of justice.

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It is further prayed that during the pendency of the present Petition under section 482 C.R.P.C./528 B.N.S.S., this Hon'ble may kindly be pleased to stay the operation and implementation of the entire proceeding of S.S.T. No. 173/2023, 'State Versus Vinay Kumar Mishra', charge sheet no. 313/2023, arising out of case crime no. 244/2023, under section- 363,366,376 of I.P.C., and 3/4 POCSO Act, P.S. Maholi, District Sitapur pending before Special Judge (POCSO Act)/ Additional Session Judge Court No. 14 District Sitapur, contained in Annexure No.1, in the interest of justice."

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After arguing at some length, learned counsel for the applicant submitted that the applicant may be permitted to move discharge application before the court concerned, which may be directed to be decided expeditiously.

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To the aforesaid, there is no objection.

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Accordingly, the instant application is disposed of with liberty to the applicant to prefer an application for discharge before the Court concerned, which shall be considered and decided by the trial Court expeditiously, in accordance with law, by means of reasoned and speaking order.

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With the aforesaid, the instant application is disposed of finally .

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Order Date :- 6.8.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Vinay Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home and others

Case brief

What is this about?

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Vinay Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home and others

Case brief

What is this about?

What did the court decide?

What the court decided

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